Skip to main content

Posts

Where Did All The Appeals Go?

“I see a Bureau of Buildings and a Department of Planning elevating unrestricted development above all other considerations, including adherence to law.” -- Tom Coffin Tom’s statement above is made in regard to his most recent analysis of the appeals that were heard during 2008, the full text which can be found below . Not surprisingly, 5 of the 7 appeals still outstanding at the time of Tom’s firing were subsequently withdrawn or deferred/dismissed; whereas only 2 of the 16 appeals filed against Tom’s decisions prior to his firing were withdrawn or deferred/dismissed. As Tom explains, withdrawals typically occur when the appellant and the city arborist resolve their differences prior to the hearing whereas a deferral/dismissal means the case was deferred or dismissed without a ruling by the commission. The fact that the majority of Tom’s appeals were never heard before the Tree Commission after his firing raises doubts as to how well the city arborists are adhering to the law. Tom’s a...

Appeals to the Tree Conservation Commission, 2008

Appeals to the Tree Conservation Commission, 2008 By Tom Coffin, Ph.D. Appeals to the Tree Conservation Commission are, by design, an integral part of the Tree Protection Ordinance. Like most laws, the TPO is a relatively blunt instrument. Though reasonable and effective most of the time, it does not cover all situations all the time, nor is it fair to all parties all the time. Appeals to the TCC provide an administrative means to resolve disputes. Unlike a Municipal Court hearing – also possible under the ordinance -- where decisions are usually based on the “letter of the law,” appeal hearings before the TCC often allow for some bending of the law as written to encompass a specific situation. At its best, the TCC acts as the “conscience of the community” in its decision-making. Both the commission and the appeal process have matured. After more than eight years of use and testing, both work rather admirably when allowed to do so. Under the Tree Protection Ordinance, every decision (s...

Support Tom Coffin's Legal Fund

Appeal for Support By Tom Coffin In numerous papers written since I was fired from my position as Senior Arborist for the City of Atlanta last July, all of which are available on an independent blog at http://holdingcitygovernmentaccountable.blogspot.com , I have demonstrated that Atlanta’s landmark Tree Protection Ordinance was not and is not being enforced in any systematic manner by the field arborists hired for that task. Without enforcement the law is meaningless. It is a sham. The Bureau of Buildings, which hired my replacement in December, now pays five field arborists to accommodate builders and developers, to look the other way if illegal destruction is apparent or suspected, to stonewall citizen complaints, to make excuses for their failures – in short, to not enforce the ordinance. This would be indefensible in the best of times. It is outrageous and unconscionable in an economic climate that has forced hundreds of city employees to lose important jobs that they were act...
Support the Tree Protection Ordinance Support the Legal Fund By former chairs of the Atlanta Tree Conservation Commission The Tree Protection Ordinance was established under the stewardship of Mayor Maynard Jackson to ensure future generations of Atlantans the many benefits derived from living in an Urban Forest. Trees clean our air, shade our homes and streets and prevent storm water runoff from spoiling our creeks and rivers. To ensure the protection of those benefits the Tree Protection Ordinance was written to ensure “No net loss of trees” in the city. Subsequent amendments to the ordinance were added to provide the city with strong enforcement powers to prevent wanton destruction of trees and ensure that funds are available for replenishing this forest. Tom Coffin, Ph.D., has served this city admirably, first as a member of the initial Tree Conservation Commission and later as a city arborist where he helped citizens develop improvements to the ordinance for tree replenishment ...

City Officials Redefine the Meaning of "Work"

A brief article (below) in today's Atlanta Journal Constitution states that "City officials said Coffin was dismissed because of his “inability to work (italics mine) in a team environment.'" I wish the AJC would do a story on what constitutes "work" in the City of Atlanta. Because whatever it is, I'm pretty sure Tom Coffin wasn't doing it. Fired Arborist Files Suit to Reclaim Job by Eric Sturgis February 17, 2009 An arborist fired last year by Atlanta is suing to get his job back. Thomas Coffin filed a lawsuit Friday in Fulton County Superior Court claiming he was let go in violation of the state’s “whistle-blower” act, which prohibits government workers from being fired as a reprisal for making a public complaint about an employee or government to the employer. Coffin, a senior arborist, believes he was fired because he complained to supervisors that some arborists were not following the city’s tree ordinance. City officials said Coffin was dismis...

Fired Arborist Files Whistle-blower Suit

Tom Coffin issued the following press release today: Fired Arborist Files Whistle-blower Suit Against the City of Atlanta Tom Coffin, whose sudden unexplained firing from his position as Senior Arborist for the City of Atlanta in July 2008 sparked a wave of citizen protest and media coverage, filed suit against the City in Fulton County Superior Court on February 13, 2009. Coffin’s suit charges the City with violations of the Georgia “Whistle-blower” statute and his right to free speech under the Georgia Constitution. Coffin, 65, was one of the first field arborists hired by the City in 2000 to implement a re-written Tree Protection Ordinance. He was elevated to a newly created post of Arborist, Sr. in October 2007, with supervisory responsibility for the field arborist operation. He was fired after presenting evidence to his superiors of lack of enforcement of the ordinance by other field arborists and while trying to initiate disciplinary actions against tw...